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Sponsored by: I -lent <br /> CITY OF SEWARD, ALASKA <br /> RESOLUTION 2012 -025 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br /> ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A <br /> SETTLEMENT AGREEMENT IN CITY OF SEWARD v. GILLESPIE, CASE <br /> NO. 3AN-10-7550 CI, WITH REGARD TO CONDEMNATION OF TRACT B <br /> OF DIECKGRAFF - GILLESPIE SUBDIVISION FOR THE NORTH FOREST <br /> ACRES LEVEE/ROAD PROJECT, IN CONSIDERATION FOR PAYMENT <br /> OF $150,000, IN ADDITION TO $71,720 ALREADY PAID, CONSTRUCTION <br /> OF A NEW DRIVEWAY BY THE CITY, AND CONVEYANCE OF A <br /> PORTION (APPROXIMATELY 17,000 SQUARE FEET) OF TRACT 5 OF <br /> FOREST ACRES SUBDIVISION IN SEWARD, ALASKA <br /> WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, <br /> and began the process of acquiring permits for Phase II, known as the North Forest Acres <br /> Levee /Road Project (the "Project "); and <br /> WHEREAS, the City of Seward spent many years developing the design and location for a <br /> levee /road to benefit the people of Seward; and <br /> WHEREAS, in 2008 the Seward City Council accepted the alignment of the Project as <br /> described in the Finding of No Significant Impact and authorized the administration to pursue <br /> environmental permitting and to negotiate with property owners to acquire easements, rights -of -way <br /> and /or ownership of parcels of land affected by the Project; <br /> WHEREAS, in 2009 the US Army Corps of Engineers issued a permit to the City of Seward <br /> to construct the Project in accordance with the conditions of the permit; <br /> WHEREAS, at the direction of the City, appraisals were made of the fair market value of the <br /> parcels of land, all of which were undeveloped parcels of land, and each appraisal received an <br /> appraisal review; and <br /> WHEREAS, acquisition of a public use easement across Tract B was determined to be <br /> necessary to move forward with the construction of the Project; and <br /> WHEREAS, the City was unable to reach an agreement with the owners of Tract B for <br /> purchase of a public use easement and ultimately filed a Declaration of Taking in May 2010 to al low <br /> the construction to occur within the timeframe requested by the Corps of Engineers; and <br /> WHEREAS, litigation involves uncertainty and risk to both parties and the City finds that it <br /> is in the public interest to enter into a settlement agreement to resolve the litigation, according to the <br /> ,,� terms set forth in the agreement presented at this meeting; and <br />